Forklift Accidents

Forklift Accident Attorney in New York

40+ Years of Construction Accident Litigation, Applied to Forklift Injury Cases

Forklift accidents on New York construction sites and in warehouses produce some of the most serious injuries we see. The machines are heavy, the loads are enormous, and the injuries that result, including fractures, spinal cord damage, and traumatic brain injuries, often change a person’s life permanently. Godosky & Gentile represents workers and bystanders hurt in these incidents, applying decades of construction accident litigation experience to every case we take.

Jeffrey Brecker has spent more than 40 years litigating construction accident and malpractice claims and has been with the firm since its founding in 1995. That depth of construction-specific litigation knowledge shapes how we build forklift accident cases, from the initial investigation through trial.

If you or a family member was injured in a forklift accident in New York, contact Godosky & Gentile today at (212) 742-9706 to discuss your case.

Trial-Tested Representation with an Insider Perspective

We prepare every case as if it will go to trial. That preparation is what gives us leverage at the negotiating table. When the opposing side knows a firm is ready to litigate, negotiations can reflect that reality.

Our team includes David Godosky, who was appointed to the bench by Mayor Michael Bloomberg before returning to Godosky & Gentile as a lead trial attorney. His time as a judge gives our clients a clear picture of how judges evaluate evidence, credibility, and legal arguments. William Gentile brings a different vantage point: a background as a former prosecutor and defense-side litigator who previously served as an Assistant State Attorney in Miami-Dade. Together with attorneys whose combined trial experience exceeds a century, we understand how the other side thinks because we’ve been on that side. Judges and attorneys across New York have turned to our firm for their own representation, a reflection of the reputation we’ve built through results.

Who Can Be Held Liable After a New York Forklift Accident

Forklift accidents rarely have a single responsible party. Establishing liability requires a careful look at multiple actors and their roles on the job site or in the facility.

Potentially liable parties include:

The forklift operator if negligent operation contributed to the incident
The forklift’s owner if the equipment was not properly maintained or was defective
The general contractor for failures in site supervision, safety protocols, or training requirements
Subcontractors whose work practices or staffing decisions created the hazardous condition
The property owner for unsafe site conditions they knew about or should have addressed
The forklift manufacturer or distributor if a mechanical defect or design flaw contributed to the accident

Determining fault requires investigating maintenance records, operator training documentation, and conditions at the time of the accident. Multiple parties can share responsibility, and identifying each one matters when evaluating the value of a claim.

New York Labor Law Protections for Construction-Site Forklift Accidents

Three sections of New York Labor Law frequently apply to forklift accidents on construction sites, and each creates a distinct avenue for holding owners and contractors accountable.

New York Labor Law Section 240, known as the Scaffold Law, requires owners and contractors to provide appropriate safety devices for work involving elevation and gravity-related hazards on construction sites. When a forklift tips or a load falls from height, this section may apply depending on the circumstances.

New York Labor Law Section 241 extends protections to construction, demolition, and excavation work more broadly, covering equipment use and site conditions beyond elevation hazards. It sets specific safety requirements that owners and contractors must meet.

New York Labor Law Section 200 establishes a general duty for owners and contractors to keep equipment, machinery, and devices safely positioned, operated, and guarded. A forklift that was poorly positioned or inadequately controlled on a job site can give rise to a Section 200 claim. These Labor Law claims can be pursued against a general contractor, property owner, or equipment manufacturer separately from other claims arising from the same accident.

The Filing Deadline for New York Forklift Accident Claims

Under CPLR Section 214(5), most personal injury claims in New York, including forklift accident claims, must be filed within three years of the date of injury. The clock starts on the date the injury occurred, not when it was diagnosed or treated.

One important exception: if the accident involved a public entity or a municipal construction project, the deadline to file a notice of claim can be significantly shorter. Missing that window can affect your ability to pursue recovery. If you’re unsure which deadline applies to your situation, contact us as soon as possible.

Common Causes & Injuries in Forklift Accidents

Forklifts are involved in a significant number of serious workplace injuries each year. According to Bureau of Labor Statistics data compiled by the National Safety Council, 84 workers nationally died in incidents involving forklifts, order pickers, or platform trucks in 2024. OSHA estimates put annual forklift-related injuries at roughly 34,900 serious and 61,800 non-serious injuries nationwide.

Construction is the second most common industry for forklift fatalities, behind manufacturing, accounting for roughly a quarter of all forklift-related deaths. Tip-overs are the single leading cause, responsible for approximately 42 percent of fatalities.

Common forklift accident types include:

The vehicle tipping or rolling over, often trapping the operator
Workers falling from the forklift or a platform it is lifting
Ground-level workers or bystanders struck by the moving vehicle
Workers struck by loads that shift or fall from the forks

Resulting injuries frequently include:

Fractures and broken bones
Traumatic brain injuries
Spinal cord injuries
Crush injuries to limbs or the torso

Why Choose Godosky & Gentile?

Comprehensive Legal Support
From initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
Recognized Expertise
Respected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
Client-Centered Advocacy
Fiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
Decades of Proven Results
A legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.

Compensation a Forklift Accident Claim May Address

A forklift accident claim in New York can seek compensation for medical expenses (including both current treatment and future care needs), lost wages and diminished earning capacity, and pain and suffering. The damages available depend on the facts of the injury and the parties involved.

Talk to a New York Forklift Accident Lawyer at No Upfront Cost

We accept no legal fees on personal injury cases unless we secure a verdict or settlement on your behalf. There’s no upfront cost to reaching out to discuss what happened.

Call Godosky & Gentile at (212) 742-9706 to speak with our team about your forklift accident claim.

New York’s Comparative Negligence Rule & Forklift Accident Claims

New York applies a pure comparative negligence standard under CPLR Section 1411. If a claimant shares some responsibility for the accident, that doesn’t bar recovery. Instead, damages are reduced in proportion to the claimant’s percentage of fault.

This differs from modified comparative negligence states, which cut off recovery entirely once a claimant’s fault exceeds a set threshold. In New York, proportional reduction applies regardless of how large the claimant’s share of fault is. If you were partly at fault for a forklift accident, you may still have a viable claim.

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